Donald R. Landers

“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL NOTICE OF DECISION GRANT OF AMENDMENT TO A SPECIAL PERMIT ORDER NO. 24/25-1009306C X 18/20-1007318, 21-1008417 Application of: Garden Remedies, Inc. 697 Washington Street Newton, MA 02458 Locus: 423 Lakeside Avenue 416 Boston Post Road East Marlborough, MA 01752 Marlborough, MA 01752 Assessors Map 79, Parcel(s) 6 Assessors Map 73, Parcel(s) 30 DECISION ON AN AMENDMENT TO A SPECIAL PERMIT The City Council of the City of Marlborough hereby GRANTS the Application to Amend a Special Permit to Garden Remedies, Inc. (the “Applicant”) to authorize the relocation of an existing Medical Marijuana Treatment Center and an Adult Use Marijuana Retail Establishment from 416 Boston Post Road East, Marlborough, Massachusetts, to 423 Lakeside Avenue, Marlborough, Massachusetts, as provided in this Decision and subject to the following Findings of Fact and Conditions. FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation having a business address of 697 Washington Street, Newton, MA 02458. 2. The Applicant is the tenant of a commercial retail unit located at 416 Boston Post Road East, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 73 as Parcel 30 (the “Original Site”). The Original Site’s owner is Marlboro Square, LLC with a business address of 449 Boston Post Road East, Marlborough, MA 01752. 3. The Applicant is the prospective tenant of a commercial retail unit located at 423 Lakeside Avenue, Marlborough, Massachusetts, as shown on Marlborough Assessors Map 79 as Parcel 6 (the “New Site”). The New Site’s owner is EMAX LLC with a business address of 429 Lakeside Avenue, Marlborough, MA 01752. 4. On November 5, 2018, the City Council of the City of Marlborough voted to grant a special permit authorizing the Applicant to build and operate a Medical Marijuana Treatment Center and an Adult Use Marijuana Retail Establishment at the Original Site (the “Use”) in accordance with Article VI, Section 650-17, Section 650-18(45), Section 650-18(46), and Section 650-32 of the Zoning Ordinance of the City of Marlborough (the “Zoning Ordinance”), recorded at the Middlesex South District Registry of Deeds in Book 71986, Page 90 (the “Original Special Permit”). 5. On December 7, 2020, the City Council of the City of Marlborough voted to grant an amended special permit authorizing expanded operating hours for the Use at the Original Site in accordance with Article VI, Section 650-17, Section 650-18(45), Section 650- 18(46), and Section 650-32 of the Zoning Ordinance, recorded at the Middlesex South District Registry of Deeds in Book 76747, Page 587 (the “First Amended Special Permit”). 6. On November 22, 2021, the City Council of the City of Marlborough voted to grant an amended special permit to update the signage for the Use at the Original Site in accordance with Article VI, Section 650-17, Section 650-18(45), Section 650-18(46), and Section 650- 32 of the Zoning Ordinance, recorded at the Middlesex South District Registry of Deeds in Book 79353, Page 422 (the “Second Amended Special Permit”). 7. On November 13, 2024, the Applicant, by and through its counsel, filed with the City Clerk of the City of Marlborough an application to amend a special permit to authorize the relocation of the Use from the Original Site to the New Site, under the provisions of Massachusetts General Laws Chapter 40A, Section 9, and the Zoning Ordinance (the “Application”). 8. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and existing site landscaping plan for the New Site dated February 8, 2007 (the “Site Plan”), attached as “Attachment A.”. 9. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 10. Pursuant to the Rules and Regulations of the City Council for the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application and the City Clerk for the City of Marlborough caused notice of the same to be advertised and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 11. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on Monday, December 16, 2024. The public hearing was held at the Marlborough City Hall, 140 Main Street. The hearing was closed on December 16, 2024. 12. The Applicant, through its representatives, presented testimony at the public hearing detailing the Use at the New Site, describing its impact upon municipal services, the neighborhood, and traffic. 13. At the public hearing, two members of the public spoke in favor of the Use at the New Site and four members of the public spoke in opposition to the Use at the New Site. 24 members of the public submitted letters in favor of the Use at the New Site and three members of the public submitted emails in opposition to the Use at the New Site. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS A. The Applicant has complied with all Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds that the proposed Use at the New Site is an appropriate use and in harmony with the general purpose and intent of the Zoning Ordinance of the City of Marlborough when subject to the appropriate terms and conditions as provided in this Decision, in the Original Special Permit, the First Amended Special Permit, and the Second Amended Special Permit. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth in this Decision, in the Original Special Permit, the First Amended Special Permit, and the Second Amended Special Permit, as further specified below. C. The City Council finds that the New Site is located in the portion of the Business District along Massachusetts State Highway 20 from the Northborough town line to Interstate Highway Route 495 with frontage on Route 20, in accordance with Section 650-18(45)(a) and (b) and Section 650-18(46)(a) and (b) of the Zoning Ordinance, and that the New Site is not located within 500 feet of a school or daycare center, in accordance with Section 650-32.F of the Zoning Ordinance. D. In accordance with Section 650-32.C of the Zoning Ordinance, the City Council hereby determines that any adverse effects of the Use at the New Site will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the New Site, and of the proposal in relation to the New Site, based upon consideration of the following: 1. Social, economic, or community needs which are served by the proposal: Finding: The Use at the New Site will provide a safe and convenient location for patients and adults to obtain medication and marijuana products. 2. Traffic flow and safety, including parking and loading: Finding: The New Site will safely accommodate expected traffic flow from the Use and provide adequate parking and loading capacity. 3. Adequacy of utilities and other public services: Finding: The New Site provides adequate utilities and public services for the Use. 4. Neighborhood character and social structures: Finding: The Use is consistent with the established retail area in the vicinity of the New Site. 5. Impacts on the natural environment: Finding: The Use will have no greater impact than the established retail uses in the area of the New Site. 6. Potential fiscal impact, including impact on City services, tax base, and employment: Finding: The Use at the New Site will be revenue positive, with additional revenues coming from a local sales tax. 7. Hours of operation: Finding: The hours of operation of the Use at the New Site are specifically conditioned below. 8. Requiring that contact information be provided to the Chief of Police, the Building Commissioner, and the Special Permit Granting Authority: Finding: The provision of contact information is specifically conditioned below. 9. To the extent permitted by law, requiring payment of a community impact fee: Finding: The city has waived the host community agreement and community impact fee requirement for the Use at the New Site, as permitted by law. 10. Requiring the submission to the Special Permit Granting Authority of the same annual reports that must be provided to the Massachusetts Cannabis Control Commission: Finding: This requirement is specially conditioned below. 11. Requiring regular inspections by City officials or their agents, and access to the same records which are available for inspection to the Massachusetts Cannabis Control Commission: Finding: This requirement is specially conditioned below. 12. Requiring employees to undergo a criminal background check, including but not limited to CORI and an additional background check, by the Chief of Police who shall have the authority to disapprove the employment of any person(s) as a result of said background check: Finding: This requirement is specially conditioned below. 13. Requiring surveillance cameras, capable of 24-hour video recording, archiving recordings and ability to immediately produce images, in, on, around or at the premises: Finding: This requirement is specially conditioned below. 14. Prohibiting the sale of any materials or items unrelated to the purposes of registration by the Massachusetts Cannabis Control Commission including, without limitation, tobacco products, clove cigarettes, or e-cigarettes: Finding: This requirement is specially conditioned below. 15. The ability for the business to: a. provide a secure indoor waiting area for clients; b. provide an adequate and secure pick-up/drop-off area for clients, customers and products; c. provide adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals; d. adequately address issues of traffic demand, parking, and queuing, especially at peak periods at the Business, and its impact on neighboring uses; and e. provide opaque exterior windows. Finding: These requirements are specially conditioned below. 16. Signs and signage: Finding: The signage shown in the diagrams dated December 13, 2024, and attached as “Attachment B” is appropriate for the Use at the New Site. 17. Names of businesses, business logos and symbols, subject to state and federal law and regulations: Finding: The name of the business, logos, and symbols associated with the Use at the New Site as shown in the diagrams dated December 13, 2024, and attached as “Attachment B” are appropriate. 18. If applicable, reduce energy and water usage, engage in energy conservation and mitigate other environmental impacts: Finding: The Use’s energy usage, water usage, and environmental impacts would be no different than other retail uses in the vicinity of the New Site. E. The City Council, pursuant to its authority under Massachusetts General Laws Chapter 40A and the Zoning Ordinance of the City of Marlborough hereby GRANTS the Applicant an amendment to the Original Special Permit, the First Amended Special Permit, and the Second Amended Special Permit in order to relocate and operate a Medical Marijuana Treatment Center and an Adult Use Marijuana Retail Establishment at 423 Lakeside Avenue, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. Construction in Accordance with Applicable Laws. Construction at the New Site is to be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts. 2. Compliance with Applicable Laws. The Applicant agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the Use at the New Site. 3. Site Plan Review. The Use at the New Site is further subject to Site Plan Review in accordance with the City of Marlborough site plan review ordinance prior to the issuance of the building permit, as required by Section 650-32.E. Any additional changes, alterations, modifications or amendments, as required during the process of Site Plan Review, shall be further conditions attached to the building permit, and no final occupancy permit shall be issued until the Applicant has complied with all conditions, provided, however, that subsequent to the issuance of this Special Permit and Site Plan Approval, the Site Plan Review Committee may authorize the phasing of site and building work depending upon weather conditions and other factors. Site Plan Review shall be consistent with the conditions of this Special Permit and the materials submitted, reviewed, and approved by the City Council as the Special Permit Granting Authority. 4. Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Urban Affairs Committee, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 5 Compliance With State Requirements. In accordance with Section 650-18(45)(c) and Section 650-18(46)(c) of the Zoning Ordinance, the Use at the New Site shall comply with all statutes and regulations of the Commonwealth of Massachusetts for the licensure and operation of a Medical Marijuana Treatment Center and/or an Adult Use Marijuana Retail Establishment. 6 Transition from Original Site to New Site. a. Until such time as the Applicant commences marijuana sales at the New Site, the Original Special Permit, the First Amended Special Permit, and the Second Amended Special Permit shall continue (unmodified) to govern the Use at the Original Site. Once the Applicant commences marijuana sales at the New Site, this Decision shall exclusively govern the Use, and the Use shall not be conducted or reintroduced at the Original Site. b. The Applicant shall not commence marijuana sales at the New Site until marijuana sales at the Original Site have terminated. The Applicant shall provide written notice to the Building Commissioner as to the commencement of sales date at the New Site. c. The Applicant may obtain a building permit and other permits to build out the tenant space at the New Site, stock the New Site with equipment and inventory, conduct administrative work at the New Site, and conduct employee training at the New Site, in addition to other activities not constituting marijuana sales at the New Site, while marijuana sales at the Original Site continue. d. Consistent with the City’s Sign Ordinance, the Applicant may install signage at the New Site while marijuana sales at the Original Site continue, including temporary signage alerting customers to the relocation of the Use. Not later than 60 days following the relocation of the Use to the New Site and the termination of marijuana sales at the Original Site, all signage for the Use at the Original Site shall be removed with the exception of temporary signage alerting customers to the relocation of the Use to the New Site. 7 Partial Use. Subject to Condition 6, the Applicant is not required to operate all portions of the Use at the New Site simultaneously. The Applicant may commence either the Medical Marijuana Treatment Center portion of the Use or the Adult Use Marijuana Retail Establishment portion of the Use at the New Site upon receipt of all local and state permits and licenses for the respective portion of the Use and commence the other portion of the Use at the New Site at a later date. Similarly, if either the Medical Marijuana Treatment Center portion of the Use or the Adult Use Marijuana Retail Establishment portion of the Use ceases, either temporarily or permanently, the Applicant may operate the other portion of the Use. Once any portion of the Use commences at the New Site, that portion of the Use may not be conducted or reintroduced at the Original Site. 8 Security. a. At the New Site, the Applicant shall maintain a secure entrance lobby/waiting area providing a physical separation between the exterior door of the unit and interior areas of the unit where marijuana and marijuana infused products are dispensed and sold, with security personnel available during operating hours to screen individuals arriving at the unit, to ensure that interior areas of the unit are only accessible to qualified patients/caregivers or persons over the age of 21 and to ensure that no individuals pose a direct threat to the health or safety of others. b. The Applicant shall maintain a secure pick-up/drop-off area for patients, customers, and products at the New Site. c. The Use at the New Site shall have opaque exterior windows. d. The Applicant shall maintain adequate staffing so that patients and customers may make purchases in an efficient manner to avoid queuing and impacts on neighboring uses at the New Site. e. The Applicant shall maintain surveillance cameras capable of 24-hour video recording, archiving recordings, and the ability to immediately produce images, in, on, around, or at the Use at the New Site. 9 Processing and Odors. There shall be no processing or manufacturing of marijuana or marijuana infused products as part of the Use at the New Site. Marijuana and marijuana products shall be pre-packaged and sealed prior to arriving at the New Site. Any odors associated with marijuana and marijuana infused products shall be limited to the interior of the unit. There shall be no onsite consumption or use of marijuana or marijuana infused products associated with the Use at the New Site. 10 Hours. The maximum hours of operation of the Use at the New Site shall be Monday through Saturday, 9:00 AM to 11:00 PM, and Sunday from 10:00 AM to 9:00 PM. 11 Contact Information. The Applicant shall provide current contact information of management and staff to the Chief of Police, the Building Commissioner, and the City Council. 12 Annual Reports. The Applicant shall submit to the City Council the same annual reports that must be provided to the Massachusetts Cannabis Control Commission. 13 Inspections and Records. The Applicant shall make the Use available for regular inspections by City officials or their agents and shall provide City officials or their agents with access to the same records which are available for inspection to the Massachusetts Cannabis Control Commission. 14 Background Checks. The Applicant shall require that employees undergo a criminal background check, including but not limited to CORI and an additional background check, by the Chief of Police, who shall have the authority to disapprove the employment of any person(s) as a result of said background check. 15 Unrelated Materials. The Applicant shall not make available for sale as part of the Use at the New Site any materials or items unrelated to the sale of marijuana including, without limitation, tobacco products, clove cigarettes, or e-cigarettes. 16 Police Detail. The Applicant shall employ a City of Marlborough Police detail at the New Site in the event that the Chief of Police determines, in a letter filed with the City Council, that a police detail is necessary at certain times during the operation of the Use. In the event a City of Marlborough Police detail is not available when required, the Applicant shall obtain a private detail. 17 Recording of Decision In accordance with the provisions of Massachusetts General Laws Chapter 40A, Section 11, the Applicant at its expense shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty- day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council office, the Building Department, and the City Solicitor’s office. Yea: 9 – Nay: 1 – Absent: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Oram, Ossing & Robey. Nay: Navin. Absent: Landers..” (Motion: Robey)

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“ORDERED: That Councilor Sean A. Navin be elected as the President Pro Tempore of the Marlborough City Council for 2025, APPROVED; adopted. Vital – Councilor Navin; Doucette – Councilor Navin; Preciado – Councilor Navin; Brown – Councilor Navin; Irish – Councilor Navin; Fuccillo – Councilor Navin; Navin – Councilor Navin; Oram – Councilor Navin; Ossing – Councilor Navin; & Robey – Councilor Navin. Absent: Landers. Councilor Navin Received: 10 – Absent: 1.”

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“ORDERED: That Councilor Michael H. Ossing be elected as the President of the Marlborough City Council for 2025, APPROVED; adopted. Vital – Councilor Ossing; Doucette – Councilor Ossing; Preciado – Councilor Ossing; Brown – Councilor Ossing; Irish – Councilor Ossing; Fuccillo – Councilor Ossing; Navin – Councilor Ossing; Oram – Councilor Ossing; Ossing – Councilor Ossing; & Robey – Councilor Ossing. Absent: Landers. Councilor Ossing Received: 10 – Absent: 1.”

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“ORDERED: That Councilor Kathleen D. Robey be elected as the Vice-President of the Marlborough City Council for 2025, APPROVED; adopted. Vital – Councilor Robey; Doucette – Councilor Robey; Preciado – Councilor Robey; Brown – Councilor Robey; Irish – Councilor Robey; Fuccillo – Councilor Robey; Navin – Councilor Robey; Oram – Councilor Robey; Ossing – Councilor Robey; & Robey – Councilor Robey. Absent: Landers. Councilor Robey Received: 10 – Absent: 1.”

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“Motion by Councilor Landers, seconded by the Chair to adopt the following: ORDERED IN CITY COUNCIL DECISION ON A SPECIAL PERMIT DISH WIRELESS, LLC ORDER NO. 24-1009195B The City Council of the City of Marlborough hereby GRANTS the Application for a Special Permit to Dish Wireless (the “Applicant”) to allow for the co-location of a new Wireless Communications Facility (3 antennas and associated equipment) on an existing rooftop pursuant to the submitted plans, as provided in the DECISION and subject to the Findings of Fact and Conditions therein. FINDINGS OF FACT 1. The Applicant is a duly organized and existing corporation and FCC Licensee having a business address of 5701 South Santa Fe Drive, Littleton, CO 80120 c/o Network Building & Consulting, LLC, 300 Unicorn Park, Suite 501, Woburn, MA 01801. 2. The Applicant is a lessee of a portion of the property located at 157 Union Street, Marlborough, MA (Assessor’s Map 43, Parcel 56), Marlborough, Massachusetts (the “Site”). 3. On May 21, 2024, the Applicant filed with the City Clerk of the City of Marlborough an application (hereinafter referred to as the “Application”) for a Special Permit under Chapter 650 (Zoning) of the Code of the City of Marlborough (hereinafter referred to as the “Zoning Ordinance”), Section 650-25 entitled Wireless Communications Facilities. 4. In accordance with Article V, Section 650-18(A)(20) and Section 650-25 of the Zoning Ordinance, the Applicant proposes the co-location of a new Wireless Communications Facility (3 antennas and associated equipment) (the “Use”) at the Site, as shown in the plans submitted with the Application and referenced in paragraph 5 below. 5. In connection with the Application, the Applicant submitted a certified list of abutters, filing fees, and plans by NB&C Engineering Services, LLC, with the last revision date of December 12, 2023, (collectively the “Plans”), attached hereto as “Attachment A.” 6. Pursuant to the Application, the Applicant is licensed by the FCC to provide personal wireless services in the City of Marlborough and surrounding areas and currently has a problem with significant gaps in coverage and capacity issues with coverage that could be alleviated by installing the Use on the subject location as shown on the Plans. 7. The Site is located in the Residence A-3 (A-3) Zoning District which allows a Special Permit to be issued for a Wireless Communication Facility (“WCF”). 8. Pursuant to the Rules and Regulations of the City Council of the City of Marlborough and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application, and the City Clerk for the City of Marlborough caused notice of the same to be advertised and determined that notice of the same was provided to abutters and the planning boards of all surrounding towns entitled thereto in accordance with applicable regulations and law. 9. The Marlborough City Council, pursuant to Massachusetts General Laws Chapter 40A, opened a public hearing on the Application on July 22, 2024. The public hearing was held in the City Council Chamber, at the Marlborough City Hall, 140 Main Street. The public hearing was closed on July 22, 2024. 10. The Applicant presented oral testimony and demonstrative evidence at the public hearing, demonstrating that the Use meets all the applicable Special Permit criteria of Article VI, Section 650-25 and Article VIII, Section 650-59. 11. At the Public Hearing, there were no members of the public speaking in opposition to the Use. 12. The Council, in reviewing the Application, considered the Review Standard and Development Requirements, as enumerated in Article VI, Section 650-25 and Article VII, Section 650-59 of the City of Marlborough Zoning Ordinance, applicable to the Use. BASED ON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS AND TAKES THE FOLLOWING ACTIONS: A. The Applicant has complied with the Rules and Regulations promulgated by the Marlborough City Council as they pertain to special permit applications. B. The City Council finds the proposed Use of the Site is in harmony with the intent and general purpose of the Zoning Ordinance of the City of Marlborough when subject to appropriate terms and conditions as provided in this Decision. The City Council makes these findings subject to the completion and adherence by the Applicant, its successors and/or assigns to the conditions more fully set forth herein. C. The City Council finds that the proposed Use is consistent with the purposes of Section 650-25 governing WCFs in the City. D. The proposed WCF and location are consistent with both the applicable review standards in Section 650-25(D) and the development requirements in Section 650-25(E). E. The City Council recognizes the Applicant is a federal licensee afforded certain protection under federal telecommunications law, to the extent provided by law. F. The City Council confirms the Applicant has demonstrated the need to construct the proposed facility to solve certain wireless coverage and capacity issues that currently exist in its network in the vicinity. G. The City Council finds that the proposed Use, which will enhance wireless telecommunications, is good for business and good for the public safety and convenience where much of the population now owns and relies on wireless connectivity and a majority of 911 calls are now made on wireless telephones. H. The City Council finds that there are adequate, ample parking spaces on the host parcel. I. The City Council finds the proposed Use, which consists of an unmanned and unoccupied facility, will have no impact on traffic and pedestrian safety in the area. J. The City Council finds the proposed Use will not be contrary to the public health, safety, convenience and welfare and will not be offensive or detrimental. K. The City Council, pursuant to its authority under MGL Chapter 40A and the City of Marlborough Zoning Ordinance GRANTS to the Applicant a Special Permit for construction of the Use, a wireless communications facility on the existing rooftop SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 8. Construction in Accordance with Applicable Laws. Construction of all structures on the Site is to be in accordance with all applicable Building Codes and Zoning Regulations in effect in the City of Marlborough and the Commonwealth of Massachusetts and shall be built according to the Plans as may be amended during Site Plan Review. 9. Site Plan Review. The issuance of the Special Permit is further subject to detailed Site Plan Review by the Site Plan Review Committee, in accordance with the City of Marlborough Site Plan Review Ordinance prior to the issuance of the building permit. Any additional changes, alterations, modifications, or amendments, as required during the process of Site Plan Review, shall be further conditions attached to the building permit. Subsequent Site Plan Review shall be consistent with the conditions of this Special Permit and the Plans submitted, reviewed, and approved by the City Council as the Special Permit Granting Authority. 10. Incorporation of Submissions. All plans, photo renderings, site evaluations, briefs and other documentation provided by the Applicant as part of the Application, and as amended or revised during the application/hearing process before the City Council and/or the City Council’s Public Services Committee, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 11. Compliance with Applicable Laws. The Applicant, its successors and/or assigns agrees to comply with all municipal, state, and federal rules, regulations, and ordinances as they may apply to the construction, maintenance, and operation of the Use. 12. All work performed on the Site shall comply with this Decision. No other building or construction or activity (including but not limited to any other communications device, WCF, tower, etc.) shall occur without further modification of this Special Permit. This condition shall be interpreted consistent with federal law governing WCF’s. 13. The Applicant shall comply with all applicable conditions for WCFs on private property as set forth in Section 650-25(F), each of which shall constitute conditions of this special permit. 14. In accordance with the provisions of Massachusetts General Laws Chapter 40A, Section 11, the Applicant, its successors and/or assigns, at its expense shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed, and before the Applicant has applied to the Building Commissioner for a building permit. Upon recording, the Applicant shall forthwith provide a copy of the recorded Special Permit to the City Council Office, the Building Department and the City Solicitor’s Office. Yea: 10 – Nay: 0 – Abstain: 1 Yea: Vital, Doucette, Preciado, Brown, Irish, Fuccillo, Landers, Navin, Oram & Ossing. Abstain: Robey..” (Motion: Landers)

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“Motion by Councilor Navin, seconded by the Chair to adopt the following: ORDERED: That the City Council hereby OVERRIDES by two thirds vote, pursuant to Section 55 of Division 1 of the City Charter the Mayor’s veto of Council Order 24-1009156A, as set forth in the Mayor’s letter dated June 14, 2024 (copy attached hereto), regarding to the Ordinance Amendments to Chapter 125 “Personnel” to delete Section 10(c) and Section 18(a)(4) relative to the Mayor’s authority to waive steps and to grant additional vacation time to new employees, APPROVED; adopted. President Ossing declared that this matter passed by a vote of 8-3..” (Motion: Navin)

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“Motion by Councilor Robey, seconded by the Chair to adopt the following: ORDERED: IN CITY COUNCIL DECISION ON A SPECIAL PERMIT ORDER NO. 24-1009099D Application of: Alta Behavioral Health LLC 55 Concord Street, Suite 111 North Reading, MA 01864 Locus: 400 Donald J Lynch Blvd. Assessors Map 26, Parcel 29 The City Council of the City of Marlborough hereby GRANTS the application for a Special Permit to Alta Behavioral Health LLC, a Massachusetts limited liability company having a mailing address of 55 Concord Street, Suite 111, North Reading, MA 01864, to operate as a narcotic detoxification and/or maintenance facility as provided in this Decision and subject to the following Findings of Facts and Conditions. FINDINGS OF FACT 1. Alta Behavioral Health LLC, a Massachusetts limited liability company having a mailing address of 55 Concord Street, Suite 111, North Reading, MA 01864, is herein referred to as “Applicant.” 2. Applicant is the lessee of a portion of certain real property located at 400 Donald J Lynch Blvd., Marlborough, MA, as shown on the Marlborough Assessors Maps as Map 26, Parcel 29 (the “Premises”). The land is entirely located in a Limited Industrial (“LI”) zoning district. 3. The Applicant, on or about February 9, 2024, filed with the City Clerk of the City of Marlborough an application for a Special Permit (the “Application”). The Applicant intends to operate a nonresidential/outpatient facility licensed under 105 CMR 164 as a substance abuse treatment program in a portion of an existing building at the Premises (the “Proposed Use”) consistent with Article VI, Section 650-31 of the zoning ordinance of the City of Marlborough (the “Zoning Ordinance”). 4. In connection with the Application, Applicant filed a Special Permit Application, certified list of abutters, filing fee and site plans by Maugel Architects (collectively, the “Site Plan,” attached hereto as “Attachment A”). 5. The Application was certified as complete by the Building Commissioner of the City of Marlborough, acting on behalf of the City Planner for the City of Marlborough, in accordance with the Rules and Regulations promulgated by the City Council for the issuance of a Special Permit. 6. Pursuant to the Rules and Regulations of the City Council and applicable statutes of the Commonwealth of Massachusetts, the City Council established a date for a public hearing on the Application and the City Clerk of the City of Marlborough caused notice of the same to be advertised said date and determined that notice of the same was provided to abutters entitled thereto in accordance with applicable regulations and law. 7. The Marlborough City Council, pursuant to Mass. Gen. Laws c. 40A, held a public hearing on March 25, 2024, concerning said Application. The hearing was opened and closed at that meeting. 8. Applicant presented testimony at the public hearing detailing the Application and describing the nature of its intended services to be provided and its impact in making these services more available and convenient to residents of the community. No one spoke against the proposed Special Permit. In addition, Applicant presented additional detailed project information at the Urban Affairs Committee meeting which occurred on April 29, 2024. All comments by those attending the City Council public hearing have been duly considered in making this decision. 9. Applicant provided further written and oral documentation to the City Council's Urban Affairs Committee regarding its Application, in the course of the Urban Affairs Committee meeting referred to above. 10. Applicant has requested a reasonable accommodation under State and Federal Law with respect to its Proposed Use at the Premises, specifically, relief from Marlborough Zoning Ordinance Article VI, Section 650-31 C(2)(a) as the Premises will be located within 1000’ of a school (Crossroads School Inc., 295 Donald Lynch Blvd, Marlborough, MA 01752). 11. The Applicant argues that a municipality is required to reasonably accommodate disabled persons by modifying its zoning policies, practices and procedures and may not intentionally discriminate against disabled persons. 28 C.F.R. § 35.130(b)(7)(i)-(ii) states: “A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.” BASED UPON THE ABOVE, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND TAKES THE FOLLOWING ACTIONS: A) The City Council finds that Applicant has complied with all the Rules and Regulations promulgated by the Marlborough City Council as they pertain to the Application. B) The City Council finds that the Proposed Use of the Premises, subject to the conditions imposed below, will not be in conflict with the public health, safety, convenience and welfare and will not be detrimental or offensive. Further, the City Council finds that the Proposed Use of the Premises, is consistent with the use allowed by Special Permit under Article VI, Section 650-31 of the Zoning Ordinance and that any adverse effects of the Proposed Use will not outweigh its beneficial impacts to the City or the neighborhood. In addition, the City Council finds that the outpatient services offered to individuals in recovery from substance use will provide a significant benefit to the residents of the City. In making these determinations, the City Council has considered the factors outlined in Article VI, Section 650-31(B)(1)-(7) of the Zoning Ordinance. C) The City Council finds that the individuals the Applicant intends to provide services to at the Premises are a protected class, as a result of disability, under the Americans with Disabilities Act. The City Council finds the relief requested from Marlborough Zoning Ordinance Article VI, Section 650-31 C, is reasonable and necessary, given without said relief the limitations imposed by subsection C of Section 650-31 would prevent locating the Proposed Use at the Premises. D) The City Council, pursuant to its authority under Mass. Gen. Laws c. 40A and the Marlborough Zoning Ordinance, GRANTS the Applicant a Special Permit to operate a nonresidential/outpatient facility licensed under 105 CMR 164 as a substance abuse treatment program in an existing building at 400 Donald J. Lynch Boulevard with a reasonable accommodation under the Americans with Disabilities Act in the form of a waiver from having to comply with subsection C(2)(a) of Section 650-31 of Article IV, SUBJECT TO THE FOLLOWING CONDITIONS, which conditions shall be binding on the Applicant, its successors and/or assigns: 1. Compliance With Building Regulations. Buildout and modification of the Premises to be occupied shall be in accordance with all applicable building codes in effect in the City of Marlborough and Commonwealth of Massachusetts. 2. Application and Documents. All plans, drawings, site evaluations, and documentation provided by the Applicant as part of this Special Permit Application, including the Site Plan, are herein incorporated into and become a part of this Special Permit and become conditions and requirements of the same. 3. Compliance with Local, State and Federal Laws. The Applicant agrees to comply with all rules, regulations, and ordinances of the City of Marlborough, Commonwealth of Massachusetts, and the Federal Government as they may apply to the construction, maintenance, and operation of Applicant’s Proposed Use at the Premises, as supplemented by applicable conditions of this Special Permit. 4. Incorporation of Plans and Drawings. All terms, conditions, requirements, approvals, plans, and drawings provided by the Applicant as part of this Special Permit Application and as amended during the application/hearing process before the City Council and/or the City Council's Urban Affairs Committee, including the Site Plan, are herein incorporated into and become part of this Special Permit and become conditions and requirements of the same, unless otherwise altered by the City Council. 5. Compliance of Signs with Sign Ordinance. All building signage at the subject location shall comply with the City of Marlborough Sign Ordinance. 6. Fire Protection. Fire protection systems shall be acceptable in all respects to the City of Marlborough Fire Chief or their designee. 7. Safety. The Applicant’s Premises shall be locked, even during program hours (office hours). The front desk shall be staffed during program hours and patients will be required to sign-in and sign-out. A waiting area shall be used within the Premises to minimize congestion and wait time outside the Premises for pick-ups. 8. Recording of Decision. In accordance with the provisions of Massachusetts General Laws Chapter 40A, § 11, the Applicant, its successors and/or assigns, at its expense, shall record this Special Permit in the Middlesex South Registry of Deeds after the City Clerk has certified that the twenty-day period for appealing this Special Permit has elapsed with no appeal having been filed. After recording but prior to issuance of a Building Permit, Applicant shall provide the City Council and the City Solicitor’s office with a copy of the recorded Special Permit. 9. Unless the context otherwise clearly requires, all references in the above conditions to Applicant’s “successors and/or assigns” shall also refer to and include any sub-tenant(s) of the Applicant. Yea: 11 – Nay: 0 Yea: Vital, Doucette, Preciado, Brown, Irish, Navin, Landers, Navin, Oram, Ossing & Robey..” (Motion: Robey)

Read it in the official minutes, page 16 (PDF)

“Assistant City Clerk Wilson Chu called the roll for the election of Councilor Sean A. Navin as President Pro-Tempore of the City Council for the year 2024. VITAL – Councilor Navin . DOUCETTE – Councilor Navin. PRECIADO – Councilor Navin. BROWN – Councilor Navin. IRISH – Councilor Navin . FUCCILLO – Councilor Navin. LANDERS – Councilor Navin. NAVIN – Councilor Navin. ORAM – Councilor Navin. OSSING – Councilor Navin. ROBEY – Councilor Navin. Councilor Navin received 11 votes is elected President Pro-Tempore of the City Council..”

Read it in the official minutes, page 1 (PDF)

“The City Clerk called the roll for the election of Michael H. Ossing as President of the City Council for the year 2024. VITAL – Councilor Ossing. DOUCETTE – Councilor Ossing. PRECIADO – Councilor Ossing. BROWN – Councilor Ossing. IRISH – Councilor Ossing. FUCCILLO – Councilor Ossing. LANDERS – Councilor Ossing. NAVIN – Councilor Ossing. ORAM – Councilor Ossing. OSSING – Councilor Ossing. ROBEY – Councilor Ossing. Councilor Ossing received 11 votes is elected President of the City Council..”

Read it in the official minutes, page 1 (PDF)

“The City Clerk called the roll for the election of Kathleen D. Robey as Vice-President of the City Council for the year 2024. VITAL – Councilor Robey. DOUCETTE – Councilor Robey. PRECIADO – Councilor Robey. BROWN – Councilor Robey. IRISH – Councilor Robey. FUCCILLO – Councilor Robey. LANDERS – Councilor Robey. NAVIN – Councilor Robey. ORAM – Councilor Robey. OSSING – Councilor Robey. ROBEY – Councilor Robey. Councilor Robey received 11 votes is elected Vice-President of the City Council..”

Read it in the official minutes, page 1 (PDF)